Check a proposed overseas disclosure of client personal information against APP 8

Key facts

Human involvement
YellowClose supervision
How AI is used
From the proposed transfer the lawyer has described, list the recipient, the country, whether the recipient is the practice itself, a related body corporate or another person, the personal information to be disclosed, and the contractual clauses offered about handling that information. Do not conclude that reasonable steps have been taken or that an exception applies.
What the lawyer must review
The lawyer decides whether this is a disclosure to an overseas recipient. APP 8 does not apply to a send to the practice's own overseas office, because the recipient is the same entity. It does apply to a disclosure to an overseas related body corporate. Before the disclosure, APP 8.1 requires such steps as are reasonable in the circumstances to ensure the recipient does not breach the APPs, other than APP 1, in relation to the information. Section 16C then makes the practice accountable for an act or practice of the recipient that would breach the APPs, unless an exception applies. The disclosure must also be permitted by APP 6. The lawyer decides whether an exception in the OAIC chapter applies, including informed consent, a substantially similar law, or a requirement of law.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceFrom the proposed transfer the lawyer has described, list the recipient, the country, whether the recipient is the practice itself, a related body corporate or another person, the personal information to be disclosed, and the contractual clauses offered about handling that information. Do not conclude that reasonable steps have been taken or that an exception applies.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Mark whether the recipient is the same practice, a related body corporate, or another person. APP 8 is not engaged by a send to the practice's own overseas office.
  2. Check the proposed clauses against APP 8.1. Do not treat a privacy policy statement as the reasonable steps.
  3. If an exception is relied on, name the exception in the OAIC chapter and the fact that supports it. Informed consent requires the individual to have been expressly told of the effect.
  4. Confirm the disclosure is also permitted under APP 6, not only APP 8.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

Related tasks

Related tools

Related jurisdictions